AG calls for greater use of plea bargaining to streamline justice system

…calls for magistrates to remind lawyers of option

Despite the merits of the Criminal Procedure (Plea Discussion, Plea Agreement and Assistance) Act passed earlier this year, Attorney General Anil Nandlall, SC, has expressed concern that lawyers continue to underutilize this mechanism for making the courts more efficient and modernizing the dispensation of justice.
On Wednesday, the Legal Affairs Ministry hosted a Restorative Justice Training Exercise for magistrates in Georgetown. Plea bargaining is a form of restorative justice, focusing on repairing harm caused and mending relationships by negotiating lesser sentences and restorative actions by the accused.
The Criminal Procedure Bill (2023) that provides for plea bargaining was passed in the National Assembly in May of this year. According to Nandlall, however, this law is being woefully underutilized in the court system, by lawyers. He urged the magistrates gathered in the room to help by reminding the lawyers of the availability of plea bargaining, when the need arises in court.
“The lawyers, unfortunately, are not using it. But you can help by reminding the lawyers, in appropriate cases, whether they should not consider exploring avenues and opportunities presented by the plea-bargaining Act,” the AG said.
The Attorney General pointed out that the Act was the product of collaboration between the government, judiciary, the Guyana Police Force (GPF) and even the Director of Public Prosecution (DPP).
“We have the criminal law procedure plea bargaining and plea agreement act. That is in force. Now that is a beautiful piece of legislation, of the same jurisprudential character of the restorative justice,” Nandlall said.
“Again, it allows the parties to come together and strike a plea. We had a plea-bargaining act before, passed in 2010. But it never worked. I sat with the DPP. We engaged the judiciary. We engaged the police. And we found out why it never worked. And we corrected those deficiencies.”
During the session, Chancellor of the Judiciary, Justice Yonette Cummings-Edwards, also stressed the importance of restorative justice and the involvement of all stakeholders. According to her, restorative justice involves society in the processes of justice and promotes resolutions that bring healing, rather than division.
“As you would have been told and as we know, restorative justice is an approach that seeks to repair the harm done to a person or victim, by providing an opportunity for (the offender) to take responsibility and repair the harm. So, it involves bringing together the victim, offender and community, to provide understanding, accountability and healing. And society being given a front row seat in this scenario, I think, will be able to make a meaningful contribution to the improvement of our criminal justice system,” the chancellor said.
At the time the Act was passed, it was touted as a way of helping to make the justice system more efficient, and cut down on the need, where it is unnecessary, for a full trial. This is because a plea agreement would expedite the pace at which the justice system works. The Act, which had received unanimous support in the National Assembly, also provides for victims to provide impact statements, a staple in many countries.
The Criminal Procedure Act outlines the parameters of a plea agreement, setting the stage for its implementation in subsequent parts. Part Two of the Act details plea bargaining procedures and establishes requirements before permission for entering into discussions or concluding a plea bargain can be granted by the Director of Public Prosecutions.
The Act also prohibits prosecutors from initiating or participating in a plea discussion or concluding a plea agreement if the accused, or any third-party holding assets or interests on their behalf, or any property owned by the accused, could be claimed under a court order.
Meanwhile, the bill also sets out the rights of the accused to have legal representation present during plea discussions. Additionally, Part Three deals with victim impact statements, emphasizing the rights of victims and their families. According to the Act, prosecutors are also mandated to inform victims of their right to provide impact statements. At the same time, it sets limitations on the content that can be included.
In cases where victims are deceased, ill or otherwise unable to be present, the Act allows for their relatives or authorized representatives to submit impact statements on their behalf. Part four of the Act also sets out the required documents for obtaining a plea agreement, as well as the procedure for these plea agreement hearings. (G3)